Meeting of the Board of Regents | February 2008

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Johanna Duncan-Poitier
SUBJECT:	Charter Schools: Initial Application for the Aloma D. Johnson Fruit Belt Community Charter School and Issuance of the Initial Charter for the Aloma D. Johnson Fruit Belt Community Charter School
DATE:	January 24, 2008
STRATEGIC GOAL:	Goals 1 and 2
AUTHORIZATION(S):

 

SUMMARY

 

Issues for Decision

 

Should the Regents approve the staff’s recommendation concerning the application to establish the Aloma D. Johnson Fruit Belt Community Charter School (Buffalo)?

 

Should the Regents approve the staff’s recommendation concerning the issuance of the initial charter for the Aloma D. Johnson Fruit Belt Community Charter School (Buffalo)?

 

Reason(s) for Consideration

 

              Required by State statute, Education Law §2852.

 

Proposed Handling

 

These questions will come before the EMSC Committee in February 2008 for action.  They will then come before the full Board for final action in February 2008.

 

 

 

 

Procedural History

 

The New York Charter Schools Act of 1998 requires the Board of Regents (“Board”) to review applications for both new charter schools and the renewal of existing charter schools that are submitted to it in accordance with the standards set forth in subdivision two of New York State Education Law §2852.  After review, the Board may either (a) approve an application and issue a charter or a renewal charter for a term of up to five years, or (b) deny the application.

 

In addition, New York Education Law §2852(7) provides that revisions of charter school charters shall be made only upon approval of the charter entity and the Board of Regents in accordance with the provisions of the law applicable to the issuance of charters themselves.  With respect to charter schools directly chartered by the Board, it may either approve a proposed revision or deny it.  

 

Background Information

 

We received one application to establish a new charter school.  That application is for:

 

• Aloma D. Johnson Fruit Belt Community Charter School (Buffalo)

 

The Aloma D. Johnson Fruit Belt Community Charter School (“the School”) would be located in the Fruit Belt section of Buffalo, on the East Side.  This section of the city is one of the oldest and poorest neighborhoods in Buffalo.  The applicant states that the only city school district school in that neighborhood was PS 37 (Futures Academy), which has been closed for restructuring.  The School expects to attract a high-needs student population.  The application had originally been submitted in June 2007, but was withdrawn by the applicant in November 2007.  A revised application was received on December 4, 2007.  The proposed charter school will serve 180 students in grades K-2 in its first year of instruction (i.e., 2008-09) and expand to serve 400 students in grades K-4 by year three.  The proposed charter school will focus on high academic achievement, using interdisciplinary themes of business and leadership, creative problem-solving, and project-based learning.   The proposed charter school has two institutional partners: the Fruit Belt Community Development Corporation and Daemen College.  Staff recommend that the application be approved.  

 

The Board of Education of the City School District of the City of Buffalo (“the District”) submitted an analysis of the application on October 29, 2007, using a rubric developed by the District and representatives from Buffalo State College and the Empire State College.   The rubric states, in part, “The primary determinant of whether or not a charter school application obtains approval relates to whether or not that school can provide substantive instructional benefit to students that the public school district is unable to provide.”  On a scale of 1 – 4 (with 1 being the lowest score), the District rated the application overall as 2.57, which falls between the District’s rubric for “Approaches the Standard” (score of 2) and “Meeting the Standard” (score of 3).   The District makes the comment “…there is nothing in the application that demonstrates any area where the applicant would provide a significant educational benefit that the Board of Education  City School District of the City of Buffalo is unable to provide.”   In addition, the District asserts that “…approval of the application will result in a $1.2 million budget gap.” Staff do not agree with this conclusion.

 

The District also held a hearing on December 19, 2007.   Comments included a concern that the proposed charter school would not provide transportation.  This issue was addressed in the charter application.

 

A copy of the information provided by the District is available for your inspection in the Regents Office.

 

Staff recommend that the application be approved.  In addition, because Education Law §2852(10) requires that the charter school be formed prior to March 15, 2008 in order for the School to commence instruction in the 2008-09 school year, staff further recommend that the initial charter and provisional charter now be issued.

 

 

Recommendation

 

VOTED:  That the Board of Regents approves the application for the Aloma D. Johnson Fruit Belt Community Charter School.

 

VOTED: That the Board of Regents issue a charter and provisional charter to the Aloma D. Johnson Fruit Belt Community Charter School for a term of approximately four years, five months, ending on June 30, 2012.

 

 

Reasons for Recommendations

 

The proposed charter school: (1) meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) will operate in an educationally and fiscally sound manner;  (3) is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) will have a significant educational benefit to the students expected to attend the proposed charter school.

 

 

Timetable for Implementation

 

The Regents actions for the Aloma D. Johnson Fruit Belt Community Charter School are effective immediately.  

 

New York State Education Department

 

Summary of Proposed Charter

 

Name of Proposed Charter School: Aloma D. Johnson Fruit Belt Community Charter School (“the School”)

 

Address:  833 Michigan Avenue, Buffalo, New York 14203

 

Applicant(s):  Ruth D. Bryant-Lynch

 

Anticipated Opening Date: August 11, 2008

 

District of Location: Buffalo

 

Charter Entity:  The Board of Regents

 

Institutional Partner(s):  Daemen College and Fruit Belt Community Development Corporation

 

Management Partner(s): N/A

 

Grades Served:                      2008-09: K-2

              2009-10: K-3

              2010-11: K-4

              2011-12: K-4

              2012-13: K-4

                         

Projected Enrollment:         2008-09: 180

2009-10: 240

2010-11: 300

2011-12: 300

2012-13: 300

 

Proposed Charter Highlights

 

Applicant

 

              Ruth D. Bryant-Lynch is a native of Ellenville, New York. In 1982 she was appointed Assistant Dean in the School of Architecture and Planning at the University of Buffalo where she continues to be responsible for all human resource-related activities as well as school-wide events.  She has served on University-wide committees, including the Task Force on Women at UB, the Faculty Senate Committee on Governance, Task Force on Community Engagement, and Task Force on Human Resource Transformation, among others.  She currently serves on a number of community boards including the John R. Oishei Foundation, Buffalo Niagara Medical Campus (Chair), HELP Buffalo, Rental Assistance Corporation, Housing Development Corporation and the Junior League of Buffalo.

 

Institutional Partner(s):

 

              Daemen College is a private liberal arts college located in Amherst, New York.  The College will place student teachers at the proposed charter school for classroom experience, and will also provide guidance in professional development, special education services, curriculum alignment and student assessment.  A representative of the College will serve on the Board of Trustees of the School.

 

              The Fruit Belt Community Development Corporation (“CDC”) will assist the proposed charter school in establishing banking relationships, building on its own fiscal credibility in the community.  The CDC will strengthen the connection between the School and its community and emphasize the central role of the proposed charter school in making the Fruit Belt an attractive and safe place for home ownership.  The CDC will provide students with additional role models in the area of business and industry and reinforce the expectation of community stewardship as a responsibility of every student.

 

Management Partner:

N/A

 

Curriculum/Assessment/Instruction

 

• The focus of the proposed charter school is on establishing strong fundamental skills, a love of learning, self-confidence and community awareness in its students.  Its philosophy is that every student – given the time, attention, resources and support – can succeed in school and beyond.
• The proposed charter school’s curriculum is designed to meet New York State Learning Standards in all eleven core subject areas.
• The proposed charter school will offer students an expanded learning experience that includes a longer school day of 8 hours and school year of 205 days.
• The proposed charter school will offer block scheduling of the foundational subjects of Reading, English Language Arts and Mathematics for 120 minutes daily.
• The staff at the proposed charter school will use teaching methodologies that have proved effective for urban, at-risk populations, including Creative Problem Solving and Project-Based Learning. 
• There will be a low student to adult ratio, and a class size of 15, with aides, student teachers and specialists throughout the proposed charter school to assist in classroom activities, model behavior codes, provide individual guidance and monitor student well-being. 
• Student supports include small classroom groups and individual instruction, special education teachers at each grade, a special education coordinator, reading coach, math coach, reading specialist, curriculum coordinator, a registered nurse and a focus on strengthening parental involvement in education.
• The proposed charter school chose core subject area programs that are scientifically based and aligned to New York State standards, including Open Court Reading, Everyday Math, the FOSS Program for Science and Scott Foresman Social Studies.
• Teachers will have common planning time at each grade level, to help ensure an alignment of instructional programming and that there is sufficient academic rigor within daily lessons, as well as to identify student learning gaps and develop and plan appropriate strategies to raise student achievement.  Monthly staff meetings will focus on professional development that aligns with the school’s mission and goals.
• Student academic progress will be benchmarked using Terra Nova assessments. Teacher-created assessments will be based on New York State Learning Standards. Interim progress reports will be shared among teachers and parents.

 

Governance

 

• The proposed charter school will be governed by a nine-member Board of Trustees (“the Board”).
• The initial Board reflects broad experience in education, non-profit management, public service, finance, business, and community leadership.
• Two of the members of the initial Board represent the proposed charter school’s institutional partners.  A parent member will be elected by the School’s parent population, and a staff member will be elected by the teaching staff.
• Additional Trustees will be sought who possess a range of skills needed to open and maintain a successful charter school, including education, non-profit management, legal, accounting and/or finance, board experience, construction and/or real estate, and fundraising.

 

Students

 

• The School intends to open for the 2008-09 school year with 180 students in grade K-2.
• The School will expand to serve 300 students in grades K-4 in its fourth year.
• Student recruitment will include open houses, distribution of written materials through community organizations, direct mailings, public elementary schools, after-school programs, youth and community centers, businesses and civic organizations, and the opportunity (after opening) to spend a day in the school.
• Students will be selected by lottery and waiting lists will be established where needed.

 

Budget/Facilities

 

• The budget for the initial year of operation, 2008-09, anticipates revenues of $2,392,272 and expenditures of $2,381,041, with a fund balance of $11,231.
• Revenues during start-up are from a portion of a $500,000 private loan currently under discussion with M&T Bank, the remainder of which is included in the Year One operating budget revenues.
• The proposed charter school will be located at 833 Michigan Avenue in Buffalo’s Fruit Belt sector.
• The building was built for the purpose of providing child care, education and after-school programs, and health and wellness programs to members of the surrounding community.
• The building has previously housed a charter school.
• The building is fully ADA compliant and equipped with a security system, full kitchen and cafeteria as well as a full-sized gym with locker room facilities.
• The owner will lease furnished space to the School.

 

Projected Fiscal Impact

 

Projected* Fiscal Impact

Of All Charter Schools In Buffalo

2008-09 Through 2012-13

 

School	2008-09	2009-10	2010-11	2011-12	2012-13
Aloma D. Johnson	0.25	0.33	0.40	0.40	0.39
Buffalo Academy of Science CS	0.63	0.62	0.61	0.60	0.59
Buffalo United CS	0.98	0.96	0.95	0.94	0.92
CS for Applied Technologies**	1.75	1.73	1.70	1.68	1.65
COMMUNITY CS	0.49	0.48	0.47	0.47	0.46
Elmwood Village CS	0.24	0.24	0.24	0.23	0.23
Enterprise CS	0.57	0.56	0.55	0.54	0.53
King Center CS	0.15	0.14	0.14	0.14	0.14
Oracle CS	0.50	0.50	0.49	0.48	0.47
Pinnacle CS	0.67	0.66	0.65	0.64	0.63
South Buffalo CS	0.98	0.97	0.96	0.94	0.93
Tapestry CS	0.57	0.66	0.68	0.67	0.66
Western NY Maritime CS	0.49	0.48	0.47	0.47	0.46
Westminster Community CS	0.77	0.76	0.75	0.74	0.72
Total Projected Impact	9.04	9.09	9.06	8.94	8.78

 

*Assumes a 4.5 percent annual increase in the district’s budget and a 3 percent annual increase in the average expense per pupil.  Projections are subject to fluctuation in actual enrollments, FTE enrollments, AEP, and district budgets.  Further assumes all students will come from the district of location, and that all other charter schools will still be in operation from 2008-09 forward.

** Located within Kenmore-Tonawanda CSD but receives approximately 85 percent of its student enrollment from Buffalo.   Impact is therefore calculated upon 85 percent of its anticipated enrollment.

 

Personnel

 

• In the first year, there will be a minimum of 12 full-time classroom teachers and 2.5 part time “special area” teachers (art, music, PE, LOTE).
• In the second year, there will be a minimum of 16 full-time classroom teachers and five full-time “special area” teachers.
• In the third year and forward, there will be a minimum of 20 full-time classroom teachers and five full-time “special area” teachers.
• In addition to classroom teachers, the proposed charter school will hire a Director, an Office manager, an Administrative Assistant, a curriculum specialist, a reading specialist, a special education coordinator, a reading coach and a math coach.
• A special education teacher for each grade will be hired. 
• All teachers will be certified and “highly qualified” per NCLB. 
• A teacher aide and a school nurse will also be hired.
• The proposed charter school will hire staff well in advance of the school year so staff can be fully trained in the specific programs and methodologies central to the proposed charter school’s mission and philosophy.
• Professional development for new staff will also be provided.
• Administrators and Trustees will receive semi-annual training in school administration and management, including New York State Education Law, charter provisions, and reporting requirements.

 

 

Community Support

 

• The application contains a petition signed by parents of 287 grade-appropriate students who have expressed interest in sending their children to this proposed charter school. 
• This figure represents 159 percent of the targeted enrollment for the first year of instruction. 

 

 

Public Opinion

 

• The Board of Education of the City School District of the City of Buffalo (“the District”) held its required hearing on December 19, 2007.  The primary concern raised was that the proposed charter school was not going to provide transportation.  This issue was addressed in the charter application.
• The District also evaluated the application using an internally-developed rubric.
• The rubric states, in part, “The primary determinant of whether or not a charter school application obtains approval relates to whether or not that school can provide substantive instructional benefit to students that the public school district is unable to provide.”   Staff do not agree with this conclusion.
• On a scale of 1 – 4 (with 1 being the lowest score), the District rated the application overall as 2.57, which falls between the District’s rubric for “Approaches the Standard” (score of 2) and “Meeting the Standard” (score of 3).   The District makes the comment “…there is nothing in the application that demonstrates any area where the applicant would provide a significant educational benefit that the Board of Education of the City School District of the  City of Buffalo is unable to provide.”   In addition, the District asserts that “…approval of the application will result in a $1.2 million budget gap.”   Staff does not agree.

 

Recommendation

 

              VOTED:  That the Board of Regents approves the application for the Aloma D. Johnson Fruit Belt Community Charter School.

 

              VOTED: That the Board of Regents issue a charter and provisional charter to the Aloma D. Johnson Fruit Belt Community Charter School for a term of approximately four years, four months, ending on June 30, 2012.

 

 

Reason for Recommendation

 

              1) The charter school described in the proposed charter meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant demonstrated the ability to operate the school in an educationally and fiscally sound manner; (3) granting the application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the application will have a significant educational benefit to the students expected to attend the proposed charter school.